Tribunal Procedure Committee consultation runs until 11:59pm on 12 June 2026
The Tribunal Procedure Committee (TPC) last week opened a consultation on three proposed amendments to the Tribunal Procedure (Upper Tribunal) Rules 2008. They were proposed by the President of the Upper Tribunal Immigration and Asylum Chamber and aim to more closely align immigration judicial review procedures in the Upper Tribunal with those of the Administrative Court.
The TPC's provisional view is that there is "no good reason" for divergence between the two jurisdictions in these specific areas, citing efficiency and clarity as primary drivers for the changes.
Firstly, the TPC proposes introducing an express provision into the Rules allowing an applicant to file a reply to an acknowledgement of service. This would mirror rule 54.8A of the Civil Procedure Rules, providing that a reply must be filed within 7 days of service of the acknowledgement and served on the respondent and any other relevant parties within the same period. The proposal is intended to address current uncertainty as to whether replies are permitted and, if so, the applicable time and length limits.
Secondly, the TPC proposes amending the Rules to remove the requirement that a decision which disposes of immigration judicial review proceedings must be given at a hearing. This would allow such decisions to be handed down in writing (including remotely), aligning current Upper Tribunal practice with that of the Administrative Court. The proposal also includes consequential amendments, including provision for written applications for permission to appeal where a decision is not given at a hearing.
Finally, the TPC proposes amending rule 28A to require that applicants serve a sealed copy of the judicial review application on respondents and any interested parties. The amendment would also link the time limit for service to the date on which the sealed application is provided to the applicant by the Upper Tribunal. This is intended to remove ambiguity in the current rules and ensure that only properly lodged applications are served.
The consultation document and a questionnaire to complete are available from here on GOV.UK. Responses must be sent before the consultation closure deadline of 11:59pm on 12 June 2026.